Tennessee Code Annotated
Tenn. Code Ann. § 8-8-301 (2026)
Liability for wrongs of deputies - Limitation
✓ current as of May 2026
- (a) No sheriff, whether elected or appointed, nor any surety on the sheriff's bonds, shall be liable for any wrongs, injuries, losses, damages or expenses incurred as a result of any act or failure to act on the part of any deputy appointed by the sheriff, whether the deputy is acting by virtue of office, under color of office or otherwise.
- (b) As used in this section and § 8-8-302, "deputy" includes a jailer appointed by a sheriff pursuant to § 41-4-101.
Amended by 2017 Tenn. Acts, ch. 261, s 1, eff. 5/2/2017.
Acts 1972, ch. 800, § 1; T.C.A., § 8-832.
Notes of Decisions
Cited in 22
cases (4 in the last 5 years), 1984–2025 · leading case: Jenkins v. Loudon Cnty., 736 S.W.2d 603 (Tenn. 1987).
Jenkins v. Loudon Cnty., 736 S.W.2d 603 (Tenn. 1987). “(GTLA), supercedes T.C.A. §§ 8-8-301 through 8-8-303, which provide a waiver of immunity to suit against a county to recover damages caused by wrongful conduct of a sheriff's deputy.”
Hensley v. Fowler, 920 S.W.2d 649 (Tenn. Ct. App. 1995). “The deposition of Sheriff Fowler clearly demonstrates that Mr. Harbin was not a regular deputy sheriff.”
Erwin v. Rose, 980 S.W.2d 203 (Tenn. Ct. App. 1998). “The appellants also argue that liability against the county could have been imposed under Tenn.Code Ann. § 8-8-301, et seq. In Tenn.”
Jenkins v. Loudon Cnty., 736 S.W.2d 599 (Tenn. 1987). “(GTLA), supercedes T.C.A. §§ 8-8-301 through 8-8-303, which provide a waiver of immunity to suit against a county to recover damages caused by wrongful conduct of a sheriffs deputy.”
Shelby Cnty. Civil Serv. Merit Bd. v. Lively, 692 S.W.2d 15 (Tenn. 1985). “800, now codified at T.C.A. § 8-8-301 to -303, the sheriff and his official bondsmen have been relieved of civil liability for actions of deputies, and much of this liability has been transferred to the county in which the sheriff serves.”
Read v. Thomas, 679 S.W.2d 467 (Tenn. Ct. App. 1984). “The Sheriff was dismissed because of immunity granted by TCA § 8-8-301. The remaining defendants were dismissed by summary judgment in which the Trial Judge found: There is nothing before the Court to suggest that the defendants knew or should have been aware of the prisoner’s…”
Cheryl Merolla v. Wilson Cnty., Tennessee (Tenn. Ct. App. 2019). “, as it relates to actions based on negligence, but Tenn. Code Ann. §§ 8-8-301 , et seq., controls as to suits for misconduct of officers”); cf.”
Matthews v. Pickett Cnty., TN, 136 F. Supp. 2d 861 (M.D. Tenn. 2000). “§ 29-20-104(b), and may therefore be covered by T.C.A. § 8-8-301 et seq. in appropriate cases”).”
Rose Warnick v. Carter Cnty. (Tenn. Ct. App. 2002). “It concluded that civil rights violations by duly-appointed deputy sheriffs continue to be controlled by Tenn. Code Ann. § 8-8-301 , et seq.: 4 Tenn.”
Vittetoe v. Blount Cnty. (E.D. Tenn. 2020). “Tenn. Code Ann. § 8-8-301 (b). The statute expanding the definition of “deputy,” however, applies to “acts and failures to act on or after” May 2, 2017.”
Cook v. McMinn Cnty., Tennessee (E.D. Tenn. 2024). “To add a claim under Tenn. Code Ann. § 8-8-301 , et seq., alleging Defendant McMinn County, Tennessee, is liable for the intentional, malicious, and/or reckless conduct of the officers and staff of the McMinn County Jail.”
Tawanna Currie v. Haywood Cnty., Tennessee (Tenn. Ct. App. 2011). “1 The GTLA superceded Tenn. Code Ann. §§ 8-8-301 , et seq., as it relates to actions based on negligent acts, but Tenn.”
— Tenn. Code Ann. § 8-8-301(a) — 1 case
Lester Eugene Siler v. Charles Scott (Tenn. Ct. App. 2019).
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